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As third Texas special session wraps up, legality questions arise for three border security bills

Legal precedents leave federal government with domain of immigration issues, but State of Texas still trying to push several bills for border security

SAN ANTONIO – The clock is ticking for Texas lawmakers as the third special session comes to an end on Tuesday.

Gov. Greg Abbott’s agenda calls for legislation on COVID-19 restrictions, school choice, and border security. He’s already signed one bill on COVID-19 vaccine mandates, but little headway has been made on school choice.

However, three bills on border security are moving through the legislature.

Fred Schellenberg with the nonprofit American Organization of Immigrants said the list for those seeking temporary protected status in the United States is long, and it’s getting longer.

“We’ve had a surge of Venezuelans coming to our office,” he said.

He’s dealing with hundreds of files with thousands of names as immigration court looms for many of his clients.

“If somebody can get a job, a work permit, Social Security number, and a work permit, they’re less likely to be on welfare,” Schellenberg said.

He said about “30,000 people can apply for what they call temporary protected status each month.”

Venezuelans who arrived in the U.S. before July 31 are some of the people eligible for this status. But other Venezuelans could face direct deportation.

Last week, the Department of Homeland Security sent its second charter flight of Venezuelans back to their home country.

These immigration concerns come not just in San Antonio but all across the state. With the special session just days from ending, legislators are looking to pass three bills focused on border security. But the legality of these is in question.

Senate Bill 4 is sitting on Abbott’s desk. Lawmakers are still discussing two other bills — House Bill 4 and House Bill 6.

  • SB 4 increases penalties for human smuggling crimes.
  • HB 4 would allow police to apprehend, arrest or send back migrants who crossed illegally into Texas.
  • HB 6 funds the continued construction of the border wall.

The debates are down to the wire, and several political science professors said state rights could come into question.

“Legal precedents are that the federal government is in charge and has exclusive domain over immigration,” said John Taylor, a political science professor at UTSA.

Patricia Jaramillo, an associate professor in political science at St. Mary’s University, said, “That’s been pretty well established by the Supreme Court of the United States.”

Just like the federal government fought to take down the floating barriers on the Texas border, these professors said it’s likely this legislation would be challenged if it becomes law.

“The governor is not afraid to do this. He’s not afraid to challenge the federal government,” Taylor said.

With days left in this third special session, Schellenberg said his workload is far from finished.

“The journey is not any easier. It’s a difficult journey for them to transfer,” Schellenberg said.

It’s a difficult journey and now a daunting debate between state and federal rights.


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About the Author
Avery Everett headshot

Avery Everett is a news reporter and multimedia journalist at KSAT 12 News. Avery is a Philadelphia native. If she’s not at the station, she’s either on a hiking or biking trail. A lover of charcuterie boards and chocolate chip cookies, Avery’s also looking forward to eating her way through San Antonio, one taco shop at a time!

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